Sunday, February 11, 2007

"Freedom to Breathe Act"

Over the past several weeks, I have heard many state that the bill provides an exemption for smoking at the American Indian casino's.

Former Speaker Steve Swiggum states the following in a LTE to the Annandale Advocate.

Under this proposal - which is being pushed by Democrats - tribal casinos would be exempt from following this statewide mandate. Oddly enough, Minnesota tribes are among the largest campaign contributors to Democratic lawmakers. According to a recent campaign finance report, Minnesota tribes put more than $1.2 million in the DFL's campaign coffers through contributions and disbursements during the last election cycle. Not surprisingly, they are allowed to maintain their smoking privileges under this plan.

Instead of promoting the intellectual dishonesty behind such a statement let's take a look at the actual piece of legislation. I will not dispute the fact that the Minnesota tribes provide a disproportionate amount of money to Democrats. I will point out though, that Senator Dille and Representative Urdahl did take significant amounts of money from the same groups Swiggum opines about.

H.F. No. 305, 1st Engrossment - 85th Legislative Session (2007-2008) Posted on Feb 05, 2007
1.1 A bill for an act
1.2 relating to health; establishing the Freedom to Breathe Act of 2007; establishing
1.3 public policy to protect employees and the general public from the known
1.4 hazards of secondhand smoke; requiring persons to refrain from smoking in
1.5 certain areas;amending Minnesota Statutes 2006, sections 144.412; 144.413,
1.6 subdivisions 2, 4, by adding subdivisions; 144.414; 144.416; 144.417; proposing
1.7 coding for new law in Minnesota Statutes, chapter 144; repealing Minnesota
1.8 Statutes 2006, section 144.415.
1.10 Section 1. Minnesota Statutes 2006, section 144.412, is amended to read:
1.11 144.412 PUBLIC POLICY.
1.12 The purpose of sections 144.411 to 144.417 is to protect the public health, comfort
1.13 and environment by prohibiting smoking in areas where children or ill or injured persons
1.14 are present, and employees and the general public from the known hazards of secondhand
1.15 smoke by limiting eliminating smoking in public places, places of employment, public
1.16 transportation, and at public meetings to designated smoking areas.
1.17 Sec. 2. Minnesota Statutes 2006, section 144.413, is amended by adding a subdivision
1.18 to read:
1.19 Subd. 1a. Indoor area. "Indoor area" means all space between a floor and a ceiling
1.20 that is bounded on two or more sides by walls, whether temporary or permanent, or by
1.21 doorways and windows, whether open or closed. A wall includes any retractable divider,
1.22 garage door, or other physical barrier that substantially encloses a side.
1.23 Sec. 3. Minnesota Statutes 2006, section 144.413, is amended by adding a subdivision
1.24 to read:

2.1 Subd. 1b. Place of employment. "Place of employment" means any indoor area
2.2 at which two or more individuals perform any type of a service for consideration of
2.3 payment under any type of contractual relationship, including, but not limited to, an
2.4 employment relationship with or for a private corporation, partnership, individual, or
2.5 government agency. Place of employment includes any indoor area where two or more
2.6 individuals gratuitously perform services for which individuals are ordinarily paid. A
2.7 place of employment includes, but is not limited to, public conveyances, factories,
2.8 warehouses, offices, retail stores, restaurants, bars, banquet facilities, theaters, food stores,
2.9 banks, financial institutions, employee cafeterias, lounges, auditoriums, gymnasiums,
2.10 restrooms, elevators, hallways, museums, libraries, bowling establishments, employee
2.11 medical facilities, and rooms or areas containing photocopying equipment or other office
2.12 equipment used in common. Vehicles used in whole or in part for work purposes are
2.13 places of employment during hours of operation if more than one person is present. An
2.14 area in which work is performed in a private residence is a place of employment during
2.15 hours of operation if:
2.16 (1) the homeowner uses the area exclusively and regularly as a principal place of
2.17 business and has one or more on-site employees; or
2.18 (2) the homeowner uses the area exclusively and regularly as a place to meet or deal
2.19 with patients, clients, or customers in the normal course of the homeowner's trade or
2.20 business.
2.21 Sec. 4. Minnesota Statutes 2006, section 144.413, subdivision 2, is amended to read:
2.22 Subd. 2. Public place. "Public place" means any enclosed, indoor area used by the
2.23 general public or serving as a place of work, including, but not limited to, restaurants,;
2.24 bars; any other food or liquor establishment; retail stores, offices and other commercial
2.25 establishments, public conveyances,; educational facilities other than public schools,
2.26 as defined in section 120A.05, subdivisions 9, 11, and 13,; hospitals,; nursing homes,;
2.27 auditoriums,; arenas,; meeting rooms,; and common areas of rental apartment buildings,
2.28 but excluding private, enclosed offices occupied exclusively by smokers even though
2.29 such offices may be visited by nonsmokers.
2.30 Sec. 5. Minnesota Statutes 2006, section 144.413, subdivision 4, is amended to read:
2.31 Subd. 4. Smoking. "Smoking" means inhaling or exhaling smoke from any lighted
2.32 cigar, cigarette, pipe, or any other lighted tobacco or plant product. Smoking also includes
2.33 carrying a lighted cigar, cigarette, pipe, or any other lighted smoking equipment tobacco
2.34 or plant product intended for inhalation.

3.1 Sec. 6. Minnesota Statutes 2006, section 144.413, is amended by adding a subdivision
3.2 to read:
3.3 Subd. 5. Public transportation. "Public transportation" means public means of
3.4 transportation, including light and commuter rail transit; buses; enclosed bus and transit
3.5 stops; taxis, vans, limousines, and other for-hire vehicles other than those being operated
3.6 by the lessee; and ticketing, boarding, and waiting areas in public transportation terminals.
3.7 Sec. 7. Minnesota Statutes 2006, section 144.414, is amended to read:
3.8 144.414 PROHIBITIONS.
3.9 Subdivision 1. Public places, places of employment, public transportation, and
3.10 public meetings. Smoking shall not be permitted in and no person shall smoke in a public
3.11 place or, at a public meeting except in designated smoking areas. This prohibition does
3.12 not apply in cases in which an entire room or hall is used for a private social function
3.13 and seating arrangements are under the control of the sponsor of the function and not of
3.14 the proprietor or person in charge of the place. Furthermore, this prohibition shall not
3.15 apply to places of work not usually frequented by the general public, except that the state
3.16 commissioner of health shall establish rules to restrict or prohibit smoking in factories,
3.17 warehouses, and those places of work where the close proximity of workers or the
3.18 inadequacy of ventilation causes smoke pollution detrimental to the health and comfort of
3.19 nonsmoking employees, in a place of employment, or in public transportation, except as
3.20 provided in this section or section 144.4167.
3.21 Subd. 2. Day care premises. Smoking is prohibited in a day care center licensed
3.22 under Minnesota Rules, parts 9503.0005 to 9503.0175, or in a family home or in a
3.23 group family day care provider home licensed under Minnesota Rules, parts 9502.0300
3.24 to 9502.0445, during its hours of operation. The proprietor of a family home or group
3.25 family day care provider must disclose to parents or guardians of children cared for on the
3.26 premises if the proprietor permits smoking outside of its hours of operation. Disclosure
3.27 must include posting on the premises a conspicuous written notice and orally informing
3.28 parents or guardians.
3.29 Subd. 3. Health care facilities and clinics. (a) Smoking is prohibited in any area of
3.30 a hospital, health care clinic, doctor's office, licensed residential facility for children, or
3.31 other health care-related facility, other than except that a patient or resident in a nursing
3.32 home, boarding care facility, or licensed residential facility, except as allowed in this
3.33 subdivision for adults may smoke in a designated separate, enclosed room if the room has
3.34 a separate ventilation system from the rest of the facility.

4.1 (b) Smoking by participants in peer reviewed scientific studies related to the health
4.2 effects of smoking may be allowed in a separated room ventilated at a rate of 60 cubic
4.3 feet per minute per person pursuant to a policy that is approved by the commissioner and
4.4 is established by the administrator of the program to minimize exposure of nonsmokers
4.5 to smoke.
4.6 Subd. 4. Public transportation vehicles. Smoking is prohibited in public
4.7 transportation vehicles except that the driver of a public transportation vehicle may smoke
4.8 when the vehicle is being used for personal use. For purposes of this subdivision, "personal
4.9 use" means that the public transportation vehicle is being used by the driver for private
4.10 purposes and no for-hire passengers are present. If a driver smokes under this subdivision,
4.11 the driver must post a conspicuous sign inside the vehicle to inform passengers.
4.12 Sec. 8. Minnesota Statutes 2006, section 144.416, is amended to read:

4.14 (a) The proprietor or other person in charge, firm, limited liability company,
4.15 corporation, or other entity that owns, leases, manages, operates, or otherwise controls the
4.16 use of a public place, public transportation, place of employment, or public meeting shall
4.17 make reasonable efforts to prevent smoking in the public place, public transportation,
4.18 place of employment, or public meeting by:
4.19 (a) (1) posting appropriate signs;
4.20 (b) arranging seating to provide a smoke-free area;
4.21 (c) asking smokers to refrain from smoking upon request of a client or employee
4.22 suffering discomfort from the smoke; or
4.23 (d) or by any other means which may be appropriate; and
4.24 (2) asking any person who smokes in an area where smoking is prohibited to refrain
4.25 from smoking and, if the person does not refrain from smoking after being asked to do so,
4.26 asking the person to leave. If the person refuses to leave, the proprietor, person, or entity
4.27 in charge shall handle the situation consistent with lawful methods for handling other
4.28 persons acting in a disorderly manner or as a trespasser.
4.29 (b) The proprietor or other person or entity in charge of a public place, public
4.30 meeting, public transportation, or place of employment must not provide smoking
4.31 equipment, including ashtrays or matches, in areas where smoking is prohibited. Nothing
4.32 in this section prohibits the proprietor or other person or entity in charge from taking more
4.33 stringent measures than those under sections 144.414 to 144.417 to protect individuals
4.34 from secondhand smoke. The proprietor or other person or entity in charge of a restaurant
4.35 or bar may not serve an individual who is in violation of sections 144.411 to 144.417.

5.1 Sec. 9. [144.4167] PERMITTED SMOKING.
5.2 Subdivision 1. Scientific study participants. Smoking by participants in peer
5.3 reviewed scientific studies related to the health effects of smoking may be allowed in a
5.4 separated room ventilated at a rate of 60 cubic feet per minute per person pursuant to a 5.5 policy that is approved by the commissioner and is established by the administrator of the 5.6 program to minimize exposure of nonsmokers to smoke.
5.7 Subd. 2. Traditional Native American ceremonies. Sections 144.414 to 144.417
5.8 do not prohibit smoking by a Native American as part of a traditional Native American
5.9 spiritual or cultural ceremony. For purposes of this section, a Native American is a person 5.10 who is a member of an Indian tribe as defined in section 260.755, subdivision 12.
5.11 Subd. 3. Private places. Except as provided in section 144.414, subdivision 2,
5.12 nothing in sections 144.411 to 144.417 prohibits smoking in:
5.13 (1) private homes, private residences, or private automobiles when they are not in
5.14 use as a place of employment, as defined in section 144.413, subdivision 1b; or
5.15 (2) a hotel or motel sleeping room rented to one or more guests.
5.16 Subd. 4. Tobacco products shop. Sections 144.414 to 144.417 do not prohibit the
5.17 lighting of tobacco in a tobacco products shop by a customer or potential customer for
5.18 the specific purpose of sampling tobacco products prior to purchase. For the purposes of
5.19 this subdivision, a tobacco products shop is a retail business that earns at least 90 percent
5.20 of its gross receipts from the sale of tobacco products and paraphernalia associated with
5.21 tobacco use.

5.22 Sec. 10. Minnesota Statutes 2006, section 144.417, is amended to read:
5.24 Subdivision 1. Rules. (a) The state commissioner of health shall adopt rules
5.25 necessary and reasonable to implement the provisions of sections 144.411 to 144.417,
5.26 except as provided for in section 144.414.
5.27 (b) Rules implementing sections 144.411 to 144.417 adopted after January 1, 2002,
5.28 may not take effect until approved by a law enacted after January 1, 2002. This paragraph
5.29 does not apply to a rule or severable portion of a rule governing smoking in office
5.30 buildings, factories, warehouses, or similar places of work, or in health care facilities. This
5.31 paragraph does not apply to a rule changing the definition of "restaurant" to make it the
5.32 same as the definition in section 157.15, subdivision 12.

5.33 Subd. 2. Penalties Violations. Any person who violates section 144.414 or
5.34 144.4165 is guilty of a petty misdemeanor.(a) Any proprietor, person, or entity that owns,
5.35 leases, manages, operates, or otherwise controls the use of an area in which smoking is

6.1 prohibited under sections 144.414 to 144.417, and that knowingly fails to comply with
6.2 sections 144.414 to 144.417, is guilty of a misdemeanor.
6.3 (b) Any person who smokes in an area where smoking is prohibited or restricted
6.4 under sections 144.414 to 144.417 is guilty of a petty misdemeanor.
6.5 (c) A proprietor, person, or entity in charge of a public place, public meeting, place
6.6 of employment, or public transportation must not retaliate or take adverse action against
6.7 an employee or anyone else who, in good faith, reports a violation of sections 144.414 to
6.8 144.417 to the proprietor or person in charge of the public place, public meeting, place of
6.9 employment, or public transportation, or to the commissioner of health or other designee
6.10 responsible for enforcing sections 144.414 to 144.417.
6.11 (d) No person or employer shall discharge, refuse to hire, penalize, discriminate
6.12 against, or in any manner retaliate against any employee, applicant for employment, or
6.13 customer because the employee, applicant, or customer exercises any right to a smoke-free
6.14 environment provided by sections 144.414 to 144.417 or other law.
6.15 Subd. 3. Injunction. The state commissioner of health, a board of health as defined
6.16 in section 145A.02, subdivision 2, or any affected party may institute an action in any
6.17 court with jurisdiction to enjoin repeated violations of section 144.416 or 144.4165
6.18 sections 144.414 to 144.417.
6.20 This act shall be referred to as the "Freedom to Breathe Act of 2007."
6.21 Sec. 12. REPEALER.
6.22 Minnesota Statutes 2006, section 144.415, is repealed.

Perhaps I missed it, it does happen. Where specifically does it state that the Native American casino's are exempted?

We do know that the tribes only have to comply with Federal law and that chances are, they would choose to not abide by the law.

That could happen.

Again, it's intellectual honesty. Quit pointing the finger at the opposite party and hurl lies about what is and what is not in legislation.

An exemption for casino's is not in the bill. Stop saying the DFLers have put in an exemption, it's simply not true.


Max said...

Tribal run casinos are exempt due to their sovereign nations designation. They do not have to comply with the state or federal laws on smoke-free issues.

Blue man said...

Thanks Max, the point was that Speaker Swiggum said the DFL created exemptions for tribal casino's.

It's not true.